M/S NGR Fabrications & Ors. v. Managing Director & Ors.
Case at a glance
Outcome
Disposed of
98 lacs is undisputed by the respondents, this petition is disposed of
Key paragraphs
- Para 44. As the liability which has been claimed by the petitioners herein amounting Rs. 16.98 lacs is undisputed by the respondents, this petition is disposed of by giving the respondents eight weeks’ time to make payment of the undisputed amount mentioned hereinabove to the petitioners…
Judgment
Through: Mr. M. Ashraf Wani, Advocate Vs. Managing Director and others ...Respondent(s) Through: Mr. Jahangir Dar, GA CORAM: HON’BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE
O R D E R 18.12.2023
The present petition has been filed by the petitioners who are the contractors. They were engaged as sub-contractors for construction of bridge at Malroo.
The petition has been filed for claiming an undisputed admitted amount due to the petitioners from the JKPCC Ltd. being the entity for whom they had carried out the construction of the bridge.
Learned counsel for the petitioners submits that vide letter dated
10.11.2020, which is Annexure-V of the writ petition, whereby respondent- JKPCC Ltd. has admitted a total liability of Rs. 16.98 lacs the breakup of which is Rs. 2.33 lacs in favour of petitioner No. 1, Rs. 9.23 lacs in favour of petitioner No. 2, and Rs. 5.24 lacs in favour of petitioner No. 3. In this regard, it would be beneficial to reproduce in part what has been stated in the said letter “…However, the concerned manager has also stated that there is still work done liabilities are pending in favour of above clients as per the details hereunder. Thereafter, the chart showing that the liability all towards the petitioners by the JKPCC Ltd. which is total Rs. 16.98 lacs. Thereafter, the letter states
accordingly in order to clear the liabilities in favor of the above clients. It requested to take up the matter with the higher authorities for release of funds in favor of the unit office in view of legal notice and also to avoid any litigation….
Operative part
As the liability which has been claimed by the petitioners herein amounting Rs. 16.98 lacs is undisputed by the respondents, this petition is disposed of by giving the respondents eight weeks’ time to make payment of the undisputed amount mentioned hereinabove to the petitioners to comply with this order.
In the event, the payment is not made by 21.02.2024, the same shall carry interest @ 9% per annum accrued on the undisputed amount till the date of actual payment. Failure to pay the aforesaid amount within the stipulated time shall also open up the respondents to proceedings for contempt of Court.
With the above, this petition stands finally disposed of. SRINAGAR: 18.12.2023 ARIF (ATUL SREEDHARAN) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.